Problems of social protection of seafarers on ships under a foreign flag when leaving them Without the help of the shipowner

The article analyzes the evolution of conventional norms dedicated to the fight against shipowners (ship operators) who abandon ship crews without assistance in ports of foreign states. The article examines the norms of International Law, which are an integral part of the Russian legal system, related to the problem of financial support for crew members who were abandoned by the shipowner. The shortcomings of the existing legal methods and methods of influencing foreign employers (shipowners) violating the rights of seafarers, which have a negative impact on the effectiveness of the implementation of the real provision of their labor rights, are revealed. It is predicted that the problem of social vulnerability of seafarers engaged in labor activities on ships of foreign shipowners or on ships of Russian shipowners who have been transferred to a foreign “convenient” flag will worsen, due to the fact that the protection of labor rights has a pronounced international emphasis, and difficulties in solving such issues in the mode of traditional diplomacy are possible. The article explores the search for ways and mechanisms aimed at protecting seafarers from the actions of unscrupulous shipowners, as well as preventive steps to minimize the cases of abandonment of seafarers without means of livelihood in a foreign port, taking into account the trends of the latest legislation and the needs of emerging practice.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-08-05
DOI
https://doi.org/10.31857/s1026945224040117
Primary Topic
Arctic and Russian Policy Studies
Type
article
Field-Weighted Citation Impact
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article

Problems of social protection of seafarers on ships under a foreign flag when leaving them Without the help of the shipowner

Elena Skrеbets, Maria Rosenko
Gosudarstvo i pravo
Arctic and Russian Policy Studies
article

Problems of social protection of seafarers on ships under a foreign flag when leaving them Without the help of the shipowner

Elena Skrеbets, Maria Rosenko
article en

Abstract

The article analyzes the evolution of conventional norms dedicated to the fight against shipowners (ship operators) who abandon ship crews without assistance in ports of foreign states. The article examines the norms of International Law, which are an integral part of the Russian legal system, related to the problem of financial support for crew members who were abandoned by the shipowner. The shortcomings of the existing legal methods and methods of influencing foreign employers (shipowners) violating the rights of seafarers, which have a negative impact on the effectiveness of the implementation of the real provision of their labor rights, are revealed. It is predicted that the problem of social vulnerability of seafarers engaged in labor activities on ships of foreign shipowners or on ships of Russian shipowners who have been transferred to a foreign “convenient” flag will worsen, due to the fact that the protection of labor rights has a pronounced international emphasis, and difficulties in solving such issues in the mode of traditional diplomacy are possible. The article explores the search for ways and mechanisms aimed at protecting seafarers from the actions of unscrupulous shipowners, as well as preventive steps to minimize the cases of abandonment of seafarers without means of livelihood in a foreign port, taking into account the trends of the latest legislation and the needs of emerging practice.

Gosudarstvo i pravo(4)
Sevastopol National Technical University (UA)
Decent work and economic growth
Openalex Percentile: Top 80%
Arctic and Russian Policy Studies
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Problems of social protection of seafarers on ships under a foreign flag when leaving them Without the help of the shipowner — Elena Skrеbets, Maria Rosenko · Gosudarstvo i pravo (2024) | TGRS Research Map | TGRS